Attorney General of India
- The Constitution (Article 76) has provided for the office of the Attorney General for India.
- The highest law officer in the country.
Appointment of Attorney General of India:
- Appointed by the president.
- Must be a person who is qualified to be appointed a judge of the Supreme Court.
- The term of office of the AG is not fixed by the Constitution.
- Further, the Constitution does not contain the procedure and grounds for his removal.
- He holds office during the pleasure of the president. This means that he may be removed by the president at any time.
- He may also quit his office by submitting his resignation to the president.
- Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
- The remuneration of the AG is not fixed by the Constitution.
- Remuneration as the President may determine.
Duties & Functions of Attorney General of India:
- To give advice to the Government of India upon such legal matters, which are referred to him by the president.
- To perform such other duties of a legal character that are assigned to him by the president.
- To discharge the functions conferred on him by the Constitution or any other law.
- To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
- To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution.
- To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.
Limitations on the Attorney General of India
- He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
- He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
- He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
- Not a fulltime counsel for the Government. He does not fall in the category of government servants. Further, he is not debarred from private legal practice.
- The Attorney General is not a member of the Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level.
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